Holloway Attorney: Pleas for Arrest Met With 'Deafening Silence'

This is a rush transcript from "On the Record ," December 2, 2008. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: "Arrest them." That's what the lawyer for Natalee Holloway's family told the Aruban prosecutor. Joran van der Sloot told us "On the Record" that he sold Natalee Holloway on a beach in Aruba.

He also named names, including his own father.

Then Joran e-mailed us that he made the whole story up. Did he make it up, or did he send that email because he panicked after he realized what he told us on camera.

Now the Holloway family lawyer John Q. Kelly wants action. In a letter to Aruban Chief Prosecutor Hans Mos, Kelly calls for the arrest of Joran van der Sloot. Joran's father Paulus and the Kalpoe brothers are also included.

John Q. Kelly joins us. And John Q. Kelly, I hope you're not mad because we got the letter out of your client.

JOHN Q. KELLY, HOLLOWAY FAMILY ATTORNEY: That letter went out last Wednesday.

VAN SUSTEREN: I know. I got my hands on it a day or two ago, or last week.

KELLY: Sure.

VAN SUSTEREN: It's your letter. What do you want from Hans Mos, and what have you heard from him?

KELLY: Nothing but deafening silence out of Aruba. No, I haven't heard from him.

The point of the letter was, and if you remember last year, Greta, with great fanfare and press releases, and, you know, just all kinds of dog and pony show, they arrested the Kalpoe brothers and Joran for absolutely no reason, no new evidence. Just picked them up and held them for a month.

And now they have new evidence. You have a damning confession by Joran as to serious criminal conduct he engaged in, implicates others. And they haven't done anything with it. And everything Joran has said is consistent with the facts as we know them right now.

VAN SUSTEREN: I go through this, and here are your options--that he had nothing to do with it, that it was an intentional murder, which is unlikely, because there doesn't seem to be any evidence of plans, there is no forensic evidence to show a murder--and I have handled murder cases, and so have you--that was an accidental thing, like a drug overdose or alcohol.

But then, why not leave her? You don't hide the body if you have nothing to do with it. Or he sold her.

KELLY: And in selling her, her just going off the island, vanishing, is most consistent with what he said. You don't intentionally murder someone with no forethought and be able to dispose of them when you're 17 years old and have probably have an hour timeframe there. If he panicked or if there was anything accidental, even if you do not admit it at the time, you realize you're in a mess after the facts, and you fess up.

But, Greta, people have to realize this is the first time he has directly implicated himself. The other times it has been an accident, someone else got rid of the body. It wasn't anything he did, it was everybody else.

Now he is saying, "It was me, it was the Kalpoes, it was my father." And those are damning, and it is not up to Hans Mos or the Aruban investigators to make a decision that they don't want to follow up on it-- judge his credibility and not look at the facts surrounding it and not follow through on it.

Watch Greta's interview

VAN SUSTEREN: He also at least represented to us that the tape that he gave us, or chip, whatever you want to call it, is a conversation with his father probably January of this year in which where his father talks about trafficking, talks about that he did a bad thing, assuming that it is his father.

But what I don't understand is why hasn't Hans Mos asked us or even asked you for that chip so that he can at least begin to authenticate it? And, instead, what you tell me is you have had silence.

KELLY: Great, I'd like to think that I can call Han Mos tomorrow morning and tell him to get ready to pack up everything you have and take a trip down to Aruba.

VAN SUSTEREN: This is the story. Either he has gone on vacation, which is always a possibility, or he is incompetent, or he is corrupt.

KELLY: I think incompetent would almost be kind. There are sinister things going on. They have just, you know, avoided too much, and they make every effort to disprove anything that inculpatory(ph) in this whole matter here.

And people talk about the timing of the tape, that it came out in November. But if you released the day after you had it, what would they have done differently that they are not doing now? It's total inaction.

VAN SUSTEREN: Can I tell you? We have been the only people investigating this. To turn that tape over when we got it to the Aruban police, we would be insane. These people have done nothing to investigate it.

It would be absolutely insane to turn it over to people that I think have been incompetent at best at investigation. That is the first thing.

The second thing is that if people only knew the behind-the-scenes efforts we have been doing to corroborate it. People can have all sorts of imagination that they want, but I can tell you and anyone will listen, is that we have this information. We are willing to turn it over to the Aruban prosecutor.

He does not want to see it. They do not want to solve this or make any attempt to either prove this or disproved this.

KELLY: Greta, anyone that thinks that Joran called you out of the blue and asked you to meet him in Bangkok to confess to this is being unrealistic.

I know that there were months of cat and mouse, investigative work, timing issues, all kinds of things that went into that taping. There were conversations beforehand.

And if I were Hans Mos, I would say, "Greta, how did this evolve? What conversations did you have? What planning went into this? How did you go about going over there and talking to him? Do you have other footage we haven't seen? Did you talk to them off of the record? Did you talk to him afterwards? Who else spoke to him? Is this the account given before?"

He is just ignoring the whole issue, and it is a shame. And, quite frankly, we are not going away.

VAN SUSTEREN: It's more than it's a shame. Come on. This is an American missing. This is a family that is entitled to better answers. I they will not investigate, at least if we are bringing it, they ought to have the guts or the courage to look at what we do.

But this is what I don't get-what is Holland problem? Holland has responsibility in this too. And Holland is just sitting up there I don't know how many thousands of miles away from Aruba looking the other way, refusing anyone just to look at this information.

I don't know if it is crazy or not, but we have it, and they will not do anything.

KELLY: I agree. And, as we say, we're not going away. Beth and Dave or any parent out there watching, to just think that if their child was missing, there was a one in one in a million chance that they could still be alive somewhere. And, believe me, there is no evidence to the contrary that Natalee Holloway is not possibly alive somewhere, to think for one second these parents would let go of this is just sorely mistaken.

VAN SUSTEREN: Based on the Aruban law, it does not take a lot to arrest someone--any new evidence. And my offer remains. I will be happy to meet Hans Mos halfway, show him everything we have. The offer remains.

I do not know how to get him to answer your telephone calls. I wish Beth would start calling her U.S. senators. I hope she raises holy hell with the state department for help or somebody just to look at it if nothing more.

KELLY: I will be making a phone call tomorrow morning, so we will take it from there.

VAN SUSTEREN: If you pick up the telephone and called Hans, does he take your call?

KELLY: He usually gets back to me at some point.

VAN SUSTEREN: What is "some point"?

KELLY: It takes a little while.

VAN SUSTEREN: Like a day or so?

KELLY: Sometimes it might be a couple of days, sometimes it might be a week. Sometimes you have to follow up with a fax letter, too, and rattle the cage a little bit to get an answer.

But, you know, he is comfortable saying that he talks to me. I beg to differ with the line of communication.

VAN SUSTEREN: I will tell you that every single prosecutor that is listening to this right now in the country is just shaking his or her head, because that is so insane. It is just appalling. This is not the way it is supposed to be done or is done.

Well, whatever. Anyway --

KELLY: They have got enough to arrest him again, no question.

VAN SUSTEREN: And that's what you've asked for. Who do you want arrested--Paulus and the Kalpoes and Joran?

KELLY: Yes. I think an arrest warrant issued for Joran because he is out of the country. We always have a pretty good idea of where he is and what he's doing. The Kalpoes are still there. Paulus is there. Pick him up like they did last year, for no reason. Now they have a reason.

VAN SUSTEREN: Now they have a reason. Plus, if you look at Gretawire.com, we got an e-mail from someone, and I do not know if it is true or not, but I posted it on gretawire.com, that Joran was seen last night at a casino in Manila.

John, thank you.

KELLY: OK, Greta.

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